Of interest:

César Rodríguez Garavito

The easy case of Justice Bernal

The case of Justice Bernal, who would be unable to vote in a fast track ruling, is easy: it should lead to the nullity of that sentence.

In law there are easy cases and difficult ones. The former have a clear solution, dictated by the existing rules. The latter, on the other hand, have several plausible answers. As the great legal theorist Herbert Hart wrote, difficult cases fall into a “penumbral area,” where it is not obvious what the rules say or how the facts of the case fit in them.